Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22085 of 2019 ====================================================== Ashok Kumar Singh, Male, aged about 45 years, Son of Sri Sarvanand Singh, Resident of Mohalla- New Atwarpur, P.S.- Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

4.

The District Magistrate, Patna, District- Patna. 5.

The District Education Officer, Patna, District- Patna. 6.

The District Programme Officer (Establishment) Patna, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2019 Heard both sides.

The petitioner has filed this writ petition for issuance of a writ in the nature of mandamus to the respondent authorities to consider the services of the petitioner for his designation as "Graduate Grade" (Block) Teacher in accordance with Rule 4(ii) read with Rule 18 of Bihar Panchayat Primary Teacher (Employment and Service Condition) Rule, 2012 since the date of enactment of the Rule, i.e., 03.04.2012 and accordingly to pay the salary of Graduate Grade (Trained Teacher) as per Rule 15 of the Rule, 2012 and for any other

Patna High Court CWJC No.22085 of 2019(2) dt.02-12-2019 2/2 relief(s) as per the facts and circumstances of the case. The grievance of the petitioner is that he was appointed in accordance with law and he has undergone training but the petitioner is not being given the benefit of proper designation in terms of Bihar Panchayat Primary Teacher (Employment and Service Condition) Rule, 2012. The petitioner has already filed representation which is pending before the Director, Primary Education.

Learned counsel for the petitioner submits that the Director, Primary Education may be directed to consider the case of the petitioner in accordance with law. Having considered the submission, I dispose of this writ petition with a direction to the Director, Primary Education to dispose of the representation of the petitioner within three months from the date of receipt of this order in accordance with law.

With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U